Timor-Leste

Código Penal de Timor-Leste

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER V
CAUSES FOR EXCLUSION

SECTION I
CAUSES FOR EXCLUSION OF UNLAWFULNESS

Article 44. Legitimate defense

An act constitutes legitimate defense when committed as the necessary means to repel an imminent or present unlawful attack on legally protected interests of the perpetrator or of a third party.

Article 45. State of justifying need

An act is not unlawful when committed as an appropriate means to avert a present danger that threatens legally protected interests of the perpetrator or of a third party, if the following requisites are met :

a) There is significant superiority of the interest to be safeguarded in relation to the interest sacrificed; and
b) It is reasonable to impose the sacrifice of the interest of the victim, considering the nature or value of the interest endangered.

Keywords

Necessity - national proceedings
Self-defence - national proceedings



EDIT.